ROW LICENSE AGREEMENT/ENTRANCE MONUMENT TO PARK PLACE
041-10/98 FRI 14:33 FAX
JOHNSON BLAKELY
14I002
.1
I
RIGHT -Of?-WA Y LICENSE AGREEMENT
THIS RIGHT-OF-WAY LICENSE AGREEMENT (this "License Agreement") is
made and entered into this April ~, 1998, between the CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation, ("City") and THE GRAND RESERVE AT
PARK PLACE LIMITED PARTNERSHIP, a Delaware limited partnership, whose
address is 1101 North Lake Destiny Drive, Suite 400, Maitland, Florida 32751
("L icensee").
WHEREAS, an entrance monument structure (the "Entrance Monument")
located at Gulf-ta-Bay Boulevard and Park Place Boulevard lies within the right-of-way
of Park Place Boulevard ("Right-of-Way"), within the corporate limits of the City, upon
land dedicated to the public or owned by the City and managed by the City as a public
right-of-way; and
WHEREAS, the Licensee is the owner of, and has responsibility for the
maintenance of the Entrance Monument, and desires to maintain the Entrance
Monument in its present location; and
WHEREAS, the City agrees to permit the continued presence of the Entrance
Monument in the right of way pursuant to the terms of this License Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein set forth,
the parties hereto agree as follows:
1. The City shall permit the Entrance Monument to continue to occupy its
present location and, except as provided by this License Agreement, will not interfere or
interrupt the Licensee's enjoyment of the continued presence of the Entrance
Monument.
2. The Licensee shall keep the Entrance Monument clean, neat, and in
good repair at all times. The Licensee shall commence and complete all necessary
maintenance and repair work on the Entrance Monument as necessary, but not later
than 45 days following receipt by the Licensee of written notice from the City that such
work is necessary, and the expiration of the foregoing time periods, or within such
longer time as may be approved by the City. Upon failure of the Licensee to effect such
maintenance or repair work in a timely manner following notice to the Licensee that
such work is necessary, and the expiration of the foregoing time periods the City may
remove and dispose of the Entrance Monument without further notice.
3. The Licensee shall indemnify and hold harmless the City and its officers,
agents, and employees against any claims for bodily injury or property damage from the
negligent acts of Licensee or its officers, agents or employees. excluding claims or
actions arising solely from negligent acts of the City or its officers, agents or employees.
Or /'/fr,.r"..~
l/ --' ,,:' ~;) I "- '-"}
I p''')
<>< )
04t10/98 FRI 14:33 FAX
JOHNSON BLAKELY
14I003
I
I
4. The Licensee shall purchase and maintain in full force and effect for so
long as the Entrance Monument is located in the Right-of-Way a commercial general
liability insurance policy (CG 00 01 - Occurrence type) in the minimum amount of
$500,000. This policy will name the City of Clearwater as an additional insured. In
addition, the Licensee will provide annually to the City (Attention: City Clerk) a current
certificate of insurance identifying the insurance company, policy number, insured
parties, coverage, effective dates and the name, address and telephone number of the
insurance agency or broker issuing the certificate of insurance so that the City at all
times has a current certificate of insurance in its possession. At any time upon written
request of the City, the Licensee will provide a copy of its insurance policy to the City or
produce the original policy so that the policy may be photocopied by City personnel.
5. This License Agreement shall be subject to termination by the City in the
event of anyone or more of the following events, but in no event earlier than ten (10)
years after the date of this Agreement
a. The material default by Licensee in the performance of any of
the terms, covenants, or conditions of this License Agreement, and the failure of the
Licensee to remedy, or undertake to remedy, such default within the specific time
period stated in this License Agreement, provided, however, if no specific time period is
stated herein to remedy a particular default or to take a partiCUlar course of action, then
it is agreed by the parties hereto that Licensee shall have a period of thirty (30) days
after receipt of notice from City to remedy the default or complete a particular course of
action required of Licensee.
b. The City detennines at a duly constituted City Commission
meeting that a public need exists for the premises consistent with the City's Charter and
serves licensee with sixty (60) days' notice of such intended use.
c. Licensee's removal of the monument.
d. Destruction of the monument without replacement thereof within
ninety (90) days following such destruction.
6. Upon proper termination of this license, Licensee, at its sole expense,
shall remove from the premises any monument which Licensee was permitted to install
or maintain in the City's Right-Of-Way under the terms of this License Agreement. City
may effect such removal at Licensee's expense should Licensee fail to remove said
monument from the premises within thirty (30) days after receipt of written notice
following termination of this License Agreement. Licensee agrees to pay City promptly
in the event of such circumstance upon presentation of a proper invoice.
7. At any time during the terms of this agreement, if the monument is
deemed in good faith and based upon sound engineering principals, to constitute a
safety hazard by the City Public Works Director it shall be removed at the Licensee's
expense within thirty (30) days after receipt of written notice from the City.
2
04)10/98 FRI 14:33 FAX
JOHNSON BLAKELY
14I004
)
I
8. Notwithstanding anything to the contrary contained or complied or
implied herein, this License Agreement is not intended and shall not be deemed to
benefit any person not a party to this License Agreement. It being expressly
acknowledged that the obligations herein shall be enforceable only by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed and affixed their
officials seals to this agreement on the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:jl
City Manager
Approved as to form
and legal sufficiency
Attest:
~
City Attorney
-~
,--
lerk
Witnesses:
LICENSEE:
THE GRAND RESERVE AT PARK
PLACE LIMITED PARTNERSHIP,
a Delaware limited partnership
By:~;?/~h
Title: IA5/~"f 9~/1, !,J(..
041101981:31 PM d-1
37262.94979
#0138781.01
3